BILL NUMBER: AB 1482	CHAPTERED  07/12/99

	CHAPTER   81
	FILED WITH SECRETARY OF STATE   JULY 12, 1999
	APPROVED BY GOVERNOR   JULY 12, 1999
	PASSED THE SENATE   JULY 1, 1999
	PASSED THE ASSEMBLY   JULY 1, 1999
	AMENDED IN SENATE   JUNE 28, 1999
	AMENDED IN ASSEMBLY   MAY 17, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999
	AMENDED IN ASSEMBLY   APRIL 21, 1999

INTRODUCED BY   Assembly Member Alquist
   (Coauthors:  Assembly Members Cardoza, Cunneen, Honda, Keeley,
Lempert, Longville, Olberg, and Oller)
   (Coauthors:  Senators Chesbro, McPherson, Sher, and Vasconcellos)

                        FEBRUARY 26, 1999

   An act to add and repeal Section 31755 of the Food and
Agricultural Code, relating to animals, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1482, Alquist.  Stray animals:  impounding requirements:
operative date.
   Under existing law, on and after July 1, 1999, any stray dog or
cat impounded by a public pound or specified shelter will be required
to be held for at least 4 or 6 business days, as specified, before
being killed.  Under existing law, on and after July 1, 1999, and
until July 1, 2001, any animal relinquished to a public pound or
specified shelter by its owner will be required to be held for at
least 2 full business days, as specified, before being euthanized.
   This bill would provide that, until July 1, 2000, a public agency
that had a contract with another public or private entity to provide
or receive animal shelter or animal pound holding services on January
1, 1999, by resolution, may comply with specified holding periods
that were in effect on June 30, 1999, if specified conditions are
met.  This bill would also require public notice and findings of
fact, as described, as to the basis for the resolution.
Additionally, the bill would require a plan to be adopted within 60
days of the resolution to establish a schedule of implementation, as
prescribed.  The bill would also require flexible hours for any
facility operating under a resolution.
   The bill would declare that it would take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 31755 is added to the Food and Agricultural
Code, to read:
   31755.  (a) Notwithstanding any other provision of law, a public
agency that had a contract with another public or private entity to
provide or receive animal shelter or animal pound holding services on
January 1, 1999, upon adoption of a resolution, may comply with the
holding periods specified in Sections 31108, 31752, 31752.5, and
31754 on June 30, 1999, if all of the following conditions are met:
   (1) The public agency determines after a duly noticed public
hearing that its animal shelter provider, independently of, or in
conjunction with, other animal pounds or animal shelters, cannot
reasonably comply with the longer holding periods required by
Sections 31108, 31752, 31752.5, and 31754, as amended or added by
Chapter 752 of the Statutes of 1998 because of the lack of sufficient
facilities.  The resolution adopted by the public agency under this
subdivision shall state clearly the status of the contract for animal
shelter or animal pound holding services and shall include
informational findings of local circumstances that form the basis for
the determination, including, but not limited to, the number of
animals impounded in the prior year, the number of animals expected
to be impounded under the holding periods required by Sections 31108,
31752, 31752.5, and 31754, as amended or added by Chapter 752 of the
Statutes of 1998, the number of animals euthanized the prior year
and the cost of providing the service, the number of animals adopted
or reunited with owners the prior year and the cost of providing the
service, the percentage of cage space predicted to be needed in order
to comply with the holding periods required by Sections 31108,
31752, 31752.5, and 31754 as amended or added by Chapter 752 of the
Statutes of 1998.
   (2) Within 60 days of the adoption of the resolution under
subdivision (a), the public agency shall adopt a plan to meet the
holding periods required by Sections 31108, 31752, 31752.5, and
31754, as amended or added by Chapter 752 of the Statutes of 1998, on
or before July 1, 2000.  This plan shall include a schedule of
implementation of the plan, and shall identify the funding source or
sources for any facilities that may have to be built in order for the
public agency to comply with the requirements of Chapter 752 of the
Statutes of 1998.
   (3) The public agency requests its animal shelter provider to
utilize existing and any new animal shelter facilities to comply, to
the extent possible, with the holding periods required by Sections
31108, 31752, 31752.5, and 31754, as amended or added by Chapter 752
of the Statutes of 1998.
   (4) The public agency directs the animal shelter provider to
operate or establish a program for the adoption of animals.
   (5) The public agency directs the animal shelter provider to
release an animal scheduled to be euthanized to a nonprofit, as
defined in Section 501(c)(3) of the Internal Revenue Code, animal
rescue or adoption organization at the request of that nonprofit
organization, as provided by law.
   (b) The public agency that adopts a resolution pursuant to
subdivision (a) shall require the animal shelter or animal pound
holding service provider to implement flexible operating hours in
order to increase the opportunity for owners to reclaim their pets
and to increase the opportunity for adoption of impounded animals.
   (c) It is the intent of the Legislature that there be no further
statutory delay in implementing the holding periods established by
Chapter 752 of the Statutes of 1998.
   (d) It is the intent of the Legislature that, where possible,
animal pounds and shelters utilize the Internet to provide pictures
or descriptions, or both pictures and descriptions, of animals housed
in these pounds or shelters, in order to facilitate reuniting owners
and pets and to facilitate adoption.
   (e) This section shall remain in effect until July 1, 2000, and as
of that date is repealed.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure that local pounds and shelters that provide
animal shelter services to public agencies may continue to operate in
order to protect the public health, safety, and welfare while making
arrangements to implement or otherwise respond to the provisions of
Chapter 752 of the Statutes of 1998, it is necessary that this act
take effect immediately.
